come as of what shall accrue from an estate, of animals yet unborn, or such like other things, although not yet existing.

3 L. 154; 17 L. 303; 19 A. 177.

ART. 2451. [2426.]-It also happens sometimes that an uncertain hope is sold; as the fisher sells a haul of his net before he throws it; and, although he should catch nothing, the sale still exists, because it was the hope that was sold, together with the right to have what might be caught.

3 L. 154; 15 L. 340; 17 L. 445.

ART. 2452. [2427.]—The sale of a thing belonging to another person is null; it may give rise to damages, when the buyer knew not that the thing belonged to another person.

C. C. 2313 (2291), 2560 (2538), 3507 (3473); C. N. 1599; 5 R. 96, 193; 9 R. 283; 11 R. 16; 12 R 626; 1 A. 284; 4 A. 458; 6 A. 7; 12 A. 776; 14 A. 358, 360, 716, 722; 15 A. 402, 548; 16 A. 96, 251, 280, 283; 18 A. 321; 23 A. 274; 24 A. 53, 552.

ART. 2453. [2428.]-The thing, claimed as the property of the claimant, can not be alienated, pending the action, so as to prejudice his right. If judgment be rendered for him, the sale is considered as a sale of another's property and does not prevent him from being put in possession by virtue of such judg

ment.

C. P. 635; 6 N. S. 517; 4 L. 158; 5 L. 525; 13 L 237; 17 L. 479: 10 R. 113; 2 A. 254; 3 A. 248; 4 A. 293; 9 A. 257; 11 A. 468; 12 A. 280, 776; 14 A. 587; 15 A. 423, 451, 453; 16 A. 280, 321; 19 A. 356; 23 A. 274; 24 A. 552.

ART. 2454. [2429.]—The succession of a living person can

not be sold.

C. N. 1600. (Nemo est hæres viventis.)

ART. 2455. [2430.]—If, at the moment of the sale, the thing sold is totally destroyed, the sale is null; if there is only a part of the thing destroyed, the purchaser has the choice, either to abandon the sale, or to retain the preserved part, by having the price thereof determined by appraisement.

C. N. 1601.

CHAPTER 4.

How the Contract of Sale is to be Perfected.

ART. 2456. [2431.]—The sale is considered to be perfect between the parties, and the property is of right acquired to the purchaser with regard to the seller, as soon as there exists an agreement for the object and for the price thereof, although the object has not yet been delivered, nor the price paid.

C. C. 1909 (1903); C. N. 1583; 3 L. 178; 6 L. 415: 13 L. 257, 261; 17 L. 359; 19 L. 237; 1 R. 26; 2 R. 92; 3 R. 331; 11 R. 349; 12 R. 474; 2 A. 746; 5 A. 656; 6 A. 84; 10 A. 122, 533; 12 A. 681, 699, 797; 15 A. 438; 16 A. 96; 24 A. 150.

ART. 2457. [2432.]-The sale may be made purely and simply, or under a condition either suspensive or resolutive. The object of the sale may also be two or more alternative things.

In all these cases, its effects are regulated by the principles laid down in the title: Of Conventional Obligations.

C. C. 2043 (2038), 2045 (2040); 2062 (2057), 2438 (2413), 2516 (2492); C. N. 1584. ART. 2458. [2433.]-When goods, produce, or other objects, are not sold in a lump, but by weight, by tale, or by measure, the sale is not perfect, inasmuch as the things so sold are at the risk` of the seller, until they be weighed, counted or measured; but the buyer may require either the delivery of them or damages, if there be any, in case of non-execution of the contract.

C. C. 1915 (1909), 2219 (2216); C. N. 1585; 12 R. 51; 10 A. 242, 249; 13 A. 229; 17 A. 146, 151; 18 A. 606, 627; 19 A. 123; 20 A. 111, 391; 21 A. 235, 236; 24 A. 151.

ART. 2459. [2434.]-If, on the contrary, the goods, produce or other objects, have been sold in a lump, the sale is perfect, though these objects may not have been weighed, counted or measured.

C. N. 1586; 19 A. 489.

ART. 2460. [2435.]-Things, of which the buyer reserves to himself the view and trial, although the price be agreed on, are not sold, until the buyer be satisfied with the trial, which is a kind of suspensive condition of the sale.

C. N. 1588.

ART. 2461. [2436.]—The sale of a thing includes that of its accessories, and of whatever has been destined for its constant use, unless there be a reservation to the contrary.

16 A. 489.

ART. 2462. [2437.]—A promise to sell amounts to a sale, when there exists a reciprocal consent of both parties, as to the thing and the price thereof; but, to have its effect, either between the contracting parties or with regard to other persons, the promise to sell must be vested with the same formalities, as are above prescribed in articles 2439 and 2440 concerning sales, in all cases where the law directs that the sale be committed to writing.

C. N. 1589; 3 N. S. 583; 2 L. 460; 17 L. 450; 11 R. 349; 12 R. 474; 1 A. 459; 6 A. 206; 10 A. 160, 533, 704; 12 A. 193; 13 A. 204; 15 A. 483, 484; 17 A. 140.

ART. 2463. [2438.]—But if the promise to sell has been made with the giving of earnest, each of the contracting parties is at liberty to recede from the promise; to wit: he who has given the earnest, by forfeiting it; and he who has received it, by returning the double.

C N. 1590; 17 L. 450.

ART. 2464. [2439.]-The price of the sale must be certain, that is to say, fixed and determined by the parties.

It ought to consist of a sum of money, otherwise it would be considered as an exchange.

It ought to be serious, that is to say, there should have been a serious and true agreement that it should be paid.

It ought not to be out of all proportion with the value of the thing; for instance, the sale of a plantation for a dollar could not be considered as a fair sale; it would be considered as a donation disguised.

C. C. 2439 (2414); C. N. 1591; 6 L. 349; 13 L. 382; 11 A. 91, 708; 12 A. 126; 14 A. 554, 559, 845; 21 A. 196, 197, 322, 323.

ART. 2465. [2440.]—The price, however, may be left to the arbitration of a third person; but if such person can not, or be unwilling to make the estimation, there exists no sale.

C. N. 1592; 1 A. 708.

ART. 2466. [2441.]-The expenses of the act or other incidental costs of sale, are chargeable to the buyer, unless some agreement be made to the contrary.

C. N. 1593.

CHAPTER 5.

At whose Risk the Thing is, after the Sale is Completed.

ART. 2467. [2442.]—As soon as the contract of sale is completed, the thing sold is at the risk of the buyer, but with the following modifications.

12 R. 51; 2 A. 654, 746; 12 A. 699; 15 A. 438, 640; 16 A. 227; 17 A. 52, 57 ; 21 A. 534, 555, 594.

ART. 2468. [2443.]—Until the thing sold is delivered to the buyer, the seller is obliged to guard it as a faithful administrar; and if, through want of this care, the thing is destroyed, or its value diminished, the seller is responsible for the loss.

tor

2 R. 60, 90; 9 A. 8; 15 A. 438, 640; 17 A. 52, 57; 20 A. 111; 21 A. 594. ART. 2469. [2444.]-The seller is released from this degree of care, when the buyer delays obtaining the possession; but he is still liable for any injury which the thing sold may sustain through gross neglect on his part.

2 R. 60, 90; 12 A. 778; 15 A. 457.

ART. 2470. [2445.]—If it is the seller who delays to deliver the thing, and it be destroyed, even by a fortuitous event, it is he who sustains the loss, unless it appear certain that the fortuitous event would equally have occasioned the destruction of the thing in the buyer's possession after delivery.

16 L. 10; 15 A. 438.

ART. 2471. [2446.]—A sale, made with a suspensive condi

tion, does not transfer the property to the buyer, until the fulfillment of the condition.

If the thing be destroyed before this happens, the loss is sustained by the seller.

If the thing be only deteriorated, when the condition is accomplished, the buyer has the choice either to take it in the state in which it is, or to dissolve the contract.

of

If it has undergone any improvement without the agency the seller, the buyer has the advantage of this improvement, without having to pay any increase of price.

C. C. 2044 (2039.)

ART. 2472. [2447.]—In alternative sales, whether the choice be left to the seller, or be expressly granted to the buyer, the first of the two things which perishes after the contract, is a loss to the seller, and he must give up that which remains. But if that which remains also perish, it is the buyer's loss, and he must pay the price of it

C. C. 2067 (2062), 2073 (2068).

ART. 2473. [2448.]—In the case specified in the above article, when the choice is reserved to the buyer, he may recede from the contract, if one of the things has perished, provided he has not delayed to be put in possession.

CHAPTER 6.

Of the Obligations of the Seller.

ART. 2474. [2449.]-The seller is bound to explain himself clearly respecting the extent of his obligations: any obscure or ambiguous clause is construed against him.

C. C. 753 (749), 1956 (1951); C. N. 1602; 13 L. 257; 4 R. 315; 5 R. 75; 10 R. 5; 2 A. 135; 3 A. 192; 4 A. 109; 7 A. 465; 10 A. 137; 15 A. 245; 17 A. 48, 49; 19 A. 11; 20 A. 363.

ART. 2475. [2450.]-The seller is bound to two principal obligations, that of delivering and that of warranting the thing which he sells.

C. C. 753 (749), 1764 (1757), 1956 (1951), 1957 (1952), 2442 (2417), 2624, (2602), 2647 (2617), 2650 (2620); C. N. 1602; 9 R. 351; 4 A. 400; 5 A. 577; 13 A. 229, 381; 15 A. 247; 19 A. 84, 459; 20 A. 379.

ART. 2476. [2451.]-The warranty respecting the seller has two objects; the first is the buyer's peaceable possession of the thing sold, and the second is the hidden defects of the thing sold or its redhibitory vices.

C. N. 1603; 12 L. 173; 3 A. 377; 5 A. 577; 6 A. 396; 13 A. 381; 18 A. 133.

SECTION 1.

Of the Tradition or Delivery of the Thing Sold. .

ART. 2477. [2452.]—The tradition or delivery is the transferring of the thing sold into the power and possession of the buyer.

C. N. 1604; 13 L. 235; 2 R. 51; 16 A. 284; 18 A. 31, 606.

ART. 2478. [2453.]—The tradition or delivery of movable effects takes place either by their real tradition, or by the delivery of the keys of the buildings in which they are kept; or, even by the bare consent of the parties, if the things can not be transported at the time of sale, or if the purchaser had them already in his possession under another title.

C. N. 1606; 18 L. 377; 12 R. 51; 9 A. 437; 14 A. 393; 16 A. 284; 18 A. 31.

ART. 2479. [2455.]-The law considers the tradition or delivery of immovables, as always accompanying the public act, which transfers the property. Every obstacle which the seller afterwards interposes to prevent the taking of corporal possession by the buyer, is considered as a trespass.

C. C. 1537 (1524); 3429 (3392); C. N. 1605; 3 L. 178; 13 L. 235; 1 R. 321; 9 R. 514; 10 R. 425; 2 A. 787, 798; 4 A. 400; 5 A. 577; 11 A. 226; 21 A. 422.

ART. 2480. [2456.]-In all cases where the thing sold remains in the possession of the seller, because he has reserved to himself the usufruct, or retains possession by a precarious title, there is reason to presume that the sale is simulated, and with respect to third persons, the parties must produce proof that they are acting in good faith, and establish the reality of the sale.

C. C. 1921 (1915), 1923 (1917), 1984 (1979), 2246 (2242), 2468 (2443), 3556 (3522); 4 L. 340; 6 L. 542; 11 L. 276; 4 R. 435; 5 R. 18; 7 R. 434; 1 A. 132; 2 A. 912; 5 A. 1, 49; 6 A. 25, 438; 8 A. 506; 9 A. 325; 11 A. 163, 226; 12 A. 666, 684; 15 A. 4, 177, 555, 582, 616, 620, 653; 16 A. 5, 284; 17 A. 254; 18 A. 732; 19 A. 78; 20 A. 41; 21 A. 463, 464, 647, 649; 23 A. 258.

ART. 2481. [2457.]—The tradition of incorporeal rights is to be made either by the delivery of the titles and of the act of transfer, or by the use made by the purchaser, with the consent of the seller.

C. N. 1607; 14 A. 699; 15 A. 654, 655.

ART. 2482. [2458.]-When the object sold is out of the vender's possession, he must redeem it at his cost, and deliver it to the buyer, unless it be differently agreed between the parties, or unless it evidently appears from the contract, that the buyer himself has undertaken to reclaim it.

15 A. 438; 16 A. 96.

ART. 2483. [2459.]-The costs of delivery are chargeable to